Acceptable Use Policy

This Acceptable Use policy document, including the following list of prohibited Activities, is an integral part of your Hosting Agreement with Heymman Servers. If you engage in any of the activities prohibited by this AUP document Heymman Servers may suspend or terminate your account and may result in criminal and civil liability. Heymman Servers will investigate incidents involving such violations and may involve and will cooperate with law enforcement and Wholesale Internet, Inc. if a criminal violation is suspected.

Heymman Servers's Acceptable Use policy (the "policy") for Heymman Servers' Services is designed to help protect Heymman Servers, Heymman Servers' customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The policy is a non-exclusive list of the actions prohibited by Heymman Servers. Heymman Servers reserves the right to modify the policy at any time, effective upon posting here.

Examples of Heymman Servers system or network security violations include, without limitation, the following:

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Heymman Servers' servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Heymman Servers' servers is prohibited. Heymman Servers' accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Heymman Servers customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Heymman Servers-hosted domain, or referencing any Heymman Servers account, is prohibited.

4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.

6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Heymman Servers customers or end-users by any means or device.

9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Heymman Servers network or on another provider's network.

10. Using Heymman Servers' services to interfere with the use of the Heymman Servers network by other customers or authorized users.

11. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

12. INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A WHOLESALE INTERNET, INC. CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

Customer Responsibility for Customer's Users

Each Heymman Servers customer is responsible for the activities of its users and, by accepting service from Heymman Servers, is agreeing to ensure that its customers/representatives or end-users abide by this policy. Complaints about customers/representatives or end-users of any Heymman Servers customer will be forwarded to the Heymman Servers customer's postmaster for action. If violations of the Heymman Servers Acceptable Use Policy occur, Heymman Servers reserves the right to terminate services with or take action to stop the offending customer from violating Heymman Servers' AUP as Heymman Servers deems appropriate, without notice.